White House Letter To Schools On Transgender Students: What To Know

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The U.S. Department of Justice and the Department of Education sent letters to every public school district in the country on Friday, providing guidelines on how transgender students should be accommodated and threatening a loss of federal funds for schools that aren't in compliance.

The letters come as several states have passed so-called "bathroom laws," some requiring that students use only the restroom consistent with their birth sex; other laws have opened bathroom usage for individuals based on their gender identity.

In the most high-profile case, North Carolina and the Department of Justice have filed lawsuits against each other over the state's new law that restricts bathroom and locker-room usage for transgender people.

The federal government's message on Friday was clear: Transgender students must be given equal rights.

"No student should ever have to go through the experience of feeling unwelcome at school or on a college campus,” U.S. Secretary of Education John B. King Jr. said in a statement.

Here's what you need to know.

What does the letter say?

The guideline from the six-page letter (which you can read in full here) that will undoubtedly get the most attention is related to bathrooms and locker rooms. The letter says that transgender students must be permitted to use facilities consistent with their gender identity.

But schools also must accommodate transgender students in athletics, single-sex classes, housing and extra-curricular activities, the guidelines say.

"A school may not segregate or otherwise distinguish students on the basis of their sex, including gender identity, in any school activities or the application of any school rule," the letter says.

Can this be enforced?

The crux of the Departments' argument is Title IX, which says that schools receiving federal funds cannot discriminate on the basis of sex.

The letter says that Title IX applies to transgender students and threatens a loss of those funds for schools that aren't in compliance with their guidelines.

"The guidance makes clear that both federal agencies treat a student’s gender identity as the student’s sex for purposes of enforcing Title IX," a release announcing the letter said.

Can they just take away funds like that?

The U.S. Supreme Court hasn't settled this question for good, but the Department of Justice is seeking to take away North Carolina's federal funding if it does not repeal its law.

A federal appeals court recently ruled that a transgender student in Virginia can use the bathroom based on his gender identity, citing Title IX.

The Department of Justice apparently feels confident that its lawsuit will end with a similar ruling, allowing it to restrict funding for schools that don't accommodate transgender students.

“We stand with you,” Attorney General Loretta Lynch said to transgender individuals at an emotional press conference announcing the lawsuit against North Carolina. “And we will do everything we can to protect you going forward. Please know that history is on your side.”

Has there been pushback?

Of course.

Many support North Carolina's and similar laws, saying that otherwise, men could go into the women's bathroom and prey on little girls.

If there has been a single case of a transgender person assaulting a child in a bathroom, those who are worried for their safety apparently haven't been able to find it. No known cases have come up during the newest months-long debate.

Cases cited by those opposed to the law have focused on a relative handful of reports that men dressed as women have entered locker rooms and bathrooms (which is already illegal).

And opposing lawmakers framed the fight against Friday's guidelines as one of federal vs. state's rights.

North Carolina Gov. Pat McCrory, who has been at the center of his state's law, said in a statement that, "the executive branch of the federal government does not have the authority to be the final arbiter" on bathroom laws.

Texas Gov. Greg Abbott tweeted that "Texas is fighting this. Obama can't rewrite the Civil Rights Act."